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11-21-2011CALL TO ORDER: ROLL CALL: MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, NOVEMBER 21, 2011 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Martin J. Moylan at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, November 21, 2011. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Walsten, Wilson, and Charewicz. Alderman Brookman arrived at 6:40 p.m. Also present were: Acting City Manager Slowinski, Director of Finance Wisniewski, Deputy Police Chief Kozak, Fire Chief Wax, Director of Public Works and Engineering Oakley, Director of Information Technology Duebner, Director of Community & Economic Development Bartholomew, and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PUBLIC HEARING/2011 PROPERTY TAX LEVY: DISCUSSION: Moved by Robinson, seconded by Sayad, to go into Executive Session to discuss Collective Bargaining. Motion passed unanimously. There were no objections. The City Council recessed at 6:31 p.m. The City Council reconvened at 7:02 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, and Charewicz. The opening prayer was given by Dr. Hilary Morris of the Baha'i Community of Des Plaines, followed by the Pledge of Allegiance to the Flag led by Boy Scout Troop 23 5. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, NOVEMBER 21, 2011 Mayor Moylan called the Public Hearing to order at 7:05 p.m. The Public Hearing was being held pursuant to legal notice (published in the local newspaper on Friday, November 11, 2011) to discuss the proposed property tax levy increase for the City of Des Plaines for 2011 tax year levy in the amount of $29,540,856.00. This represents a 0.00% increase from 2010. Director of Finance Wisniewski reviewed her Memorandum of November 3, 2011 which outlined the primary aspects of the 2011 estimated tax levy. Mayor Moylan asked for comments from the aldermen and the public. PUBLIC HEARING: (Cont'd) CITIZEN PART.: EXECUTIVE SESSION: CONSENT AGENDA: MINUTES: Consent Agenda Page 2of15 11/21/11 Mr. Wayne Serbin, 83 5 Pearson Street, addressed the City Council stating that the City has had to make a few cuts; the economy is in a terrible mess; he knows the Council is doing their best; you cannot please all of the people all of the time, but try to please most of the people most of the time. Final action on this matter under Items 5 and 5a on the Consent Agenda this evemng. The Public Hearing was adjourned at 7:08 p.m. The City Council reconvened at 7:09 p.m. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council wishing everyone a Happy Thanksgiving and be thankful for what you have; there is an interfaith service at Oakton Arms on November 23 at 7:00 p.m. Moved by W alsten, seconded by Bogusz, that the City Council concur with the consensus reached in Executive Session to extend the MAP 282 contract for six months to June 30, 2012 and to place Resolution R-152-11 on the December 5, 2011 City Council agenda for further consideration. Motion declared carried. Motion by Haugeberg, seconded by Robinson, to establish the Consent Agenda, except for Items 3, 27 and 27a. Motion declared carried. Motion by Haugeberg, seconded by Robinson, to approve Consent Agenda, except for Items 3, 27 and 27a. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinances M-43-11, M-44-11, M-45-11, M-46-11, M-47-11, M-48-11, M-49-11, M-50-11, M-51-11, M-52-11, M-53-11, M-54-11, M-55-11, M-56-11, M-57-11, M-58-11, M-63-11, and M-64-11 were placed on First Reading, Resolutions R- 147-11, R-148-11, and R-151-11 were adopted, and Ordinance M-42-11 was adopted. Alderman Sayad requested that Item 3 be pulled from Consent Agenda to add the following statement on Page 4 of 5 of the minutes of the Special Meeting of the City Council held November 2, 2011 under Fa9ade Incentive Programs - TIF #1: "Alderman Sayad voted "NO" and stated that he agrees with this program, but doesn't feel the Staff should have the authorization to "OK" requests up to $10,000.00 without City Council's approval." Moved by Haugeberg, seconded by Robinson, to approve minutes of the ~~t MINUTES: Consent Agenda (Cont'd) 2011 PROPERTY TAX LEVY: Consent Agenda Ordinance M-58-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#S: Consent Agenda Ordinance M-43-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#6: Consent Agenda Ordinance M-44-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#7: Consent Page 3of15 11/21/11 Special Meeting of the City Council held November 2, 2011, as amended. Motion declared carried. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the Special City Council meeting held November 2, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Robinson, seconded by W alsten, to approve minutes of the Regular Meeting of the City Council held November 7, 2011, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to approve minutes of the Executive Session of the City Council held November 7, 2011. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to adopt the 2011 Property Tax Levy Ordinance; and further recommend to adopt Ordinance M-58-11, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve Year 2011 Tax Levy for Special Service Area Number Five (Westfield Lane Water Main) in the amount of $3,782.00, as provided in Ordinance M-30-03; and further recommend to place on First Reading Ordinance M-43-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FIVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve Year 2011 Tax Levy for Special Service Area Number Six (Parking Lot Improvement, 2150-2172 Chestnut Street) in the amount of $981.00, as provided in Ordinance M-73-04; and further recommend to place on First Reading Ordinance M-44-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER SIX OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve Year 2011 Tax Levy for Special Service Area Number Seven (Woodland Townhomes Parking Lot) in the amount of $12,000.00, as provided in Ordinance M-35-05; and further recommend to place on First Reading Ordinance M-45-11, AN ORDINANCE LEVYING ~f Agenda Ordinance M-45-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#8: Consent Agenda Ordinance M-46-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#9: Consent Agenda Ordinance M-47-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#lO: Consent Agenda Ordinance M-48-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#ll: Consent Agenda Ordinance M-60-11 YEAR2011 TAX LEVY/ SPECIAL SVC. Page 4of15 11/21/11 TAXES FOR SPECIAL SERVICE AREA NUMBER SEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve Year 2011 Tax Levy for Special Service Area Number Eight (Crabtree Lane Curbs and Gutters) in the amount of $4,200.00, as provided in Ordinance M-19-06; and further recommend to place on First Reading Ordinance M-46-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER EIGHT OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve Year 2011 Tax Levy for Special Service Area Number Nine (624-640 West Algonquin Road Parking Lot) in the amount of $2,315.00, as provided in Ordinance M-20-07; and further recommend to place on First Reading Ordinance M-47-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER NINE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve Year 2011 Tax Levy for Special Service Area Number Ten (642-658 West Algonquin Road Parking Lot Improvements) in the amount of $2,936.00, as provided in Ordinance M-21-07; and further recommend to place on First Reading Ordinance M-47-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER TEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve Year 2011 Tax Levy for Special Service Area Number Eleven (138, 158, 273, 283, 170 and 180 Drake Lane Rear Yard Drainage Improvements) in the amount of $2,096.00, as provided in Ordinance M-25-11; and further recommend to place on First Reading Ordinance M-60- 11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER ELEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimous! y under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve Year 2011 Tax Levy for Special Service Area Number Twelve (948 and 956 Greenview A venue Rear Yard Drainage ~)i AREA#12: Consent Agenda Ordinance M-61-11 YEAR2011 TAX LEVY/ SPECIAL SVC. AREA#13: Consent Agenda Ordinance M-62-11 ABATEMENT/ YEAR2003A, 2003C GO BONDS: Consent Agenda Ordinance M-49-11 ABATEMENT/ YEAR2004A& YEAR2004B GO BONDS: Consent Agenda Ordinance M-50-11 ABATEMENT/ YEAR2005A, 2005C GO BONDS: Consent Agenda Ordinance M-51-11 Page 5of15 11/21/11 Improvements) in the amount of $979.00, as provided in Ordinance M-36-11; and further recommend to place on First Reading Ordinance M-61-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER TWELVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve Year 2011 Tax Levy for Special Service Area Number Thirteen (1318, 1330 and 1340 Phoenix Drive and 1325 and 1335 Miami Lane Rear Yard Drainage Improvements) in the amount of $1,566.00, as provided in Ordinance M-37-11; and further recommend to place on First Reading Ordinance M-62-11, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER THIRTEEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize abatement of Year 2003A and 2003C General Obligation Corporate Purpose Bonds in the amount of $396, 705.00 of the $495,315.00 levy for the Series 203A and $192,742.50 of the $192,742.50 levy for the Series 2003C Corporate Purpose Bonds, as provided in Ordinance M- 43-03; and further recommend to place on First Reading Ordinance M-49-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2003 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A AND SERIES 2003C. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize abatement of Year 2004A and Year 2004B General Obligation Corporate Purpose Bonds, in the amounts of $736,143.76 and $88,107.50, respectively, as provided in Ordinance M-29-04; and further recommend to place on First Reading Ordinance M-50-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2004 GENERAL OBLIGATION BONDS, SERIES 2004A AND SERIES 2004B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize abatement of Year 2005A, Year 2005B and Year 2005C General Obligation Corporate Purpose Bonds in the amounts of $132,825.00, and $325,200.00 respectively, as provided in Ordinance M-70-04; and further recommend to place on First Reading Ordinance M-51-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005A AND SERIES 2005C. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENT/ YEAR2005D GO BONDS: Consent Agenda Ordinance M-52-11 ABATEMENT/ YEAR2005E, F&G GO BONDS: Consent Agenda Ordinance M-53-11 ABATEMENT/ YEAR 2007 A & B GO BONDS: Consent Agenda Ordinance M-54-11 ABATEMENT/ YEAR2008A GO BONDS: Consent Agenda Ordinance M-55-11 ABATEMENT/ YEAR2009B GO BONDS: Consent Agenda Ordinance M-56-11 ABATEMENT/ YEAR 2010A & B GO BONDS: Page 6of15 11/21/11 Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize abatement of Year 2005D General Obligation Corporate Purpose Bonds in the amount of $1,700,460.00, as provided in Ordinance M-92-04; and further recommend to place on First Reading Ordinance M-52-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2005 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005D. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize abatement of Year 2005E, Year 2005F and Year 2005G General Obligation Corporate Purpose Bonds in the amounts of $692,313.76, $506,225.00 and $42,812.50, respectively, as provided in Ordinance M-20-05; and further recommend to place on First Reading Ordinance M-53-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005E, SERIES 2005F, AND SERIES 2005G. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize abatement of Year 2007 A, and Year 2007B General Obligation Refunding Bonds in the amounts of $791,130.00 and $66,590.00, respectively, as provided in Ordinance M-60-07; and further recommend to place on First Reading Ordinance M-54-11, ABATEMENT OF THE 2010 TAX LEVY FOR THE 2007 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2007A AND SERIES 2007B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize abatement of Year 2008A General Obligation Refunding Bonds in the amount of $312,615.00 as provided in Ordinance M-8- 08; and further recommend to place on First Reading Ordinance M-55-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2008 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize abatement of Year 2009B General Obligation Refunding Bonds in the amount of $919,800.00 as provided in Ordinance M- 41-09; and further recommend to place on First Reading Ordinance M-56-11, ABATEMENT OF THE 2010 TAX LEVY FOR THE 2009 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize abatement of Year 201 OA and Year 201 OB General Obligation Refunding Bonds in the amount of $156,003.76 as provided ff Consent Agenda Ordinance M-57-11 ABATEMENT/ YEAR2009A GO BONDS: Consent Agenda Ordinance M-63-11 RECYCLE OBSOLETE EQUIP.: Consent Agenda Ordinance M-64-11 BID AWARD/ ELEVATOR MAINTENANCE: Consent Agenda Resolution R-147-11 POLICE/FIRE EMERGENCY COM. UPGRADE/ 3000 DES PLAINES RIVER RD.: Consent Agenda Resolution R-148-11 Page 7of15 11/21/11 in Ordinance M-44-09; and further recommend to place on First Reading Ordinance M-57-11, ABATEMENT OF THE 2010 TAX LEVY FOR THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010A AND SERIES 2010B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to authorize abatement of Year 2009A General Obligation Refunding Bonds in the amount of $180,000.00 as provided in Ordinance M- 38-09; and further recommend to place on First Reading Ordinance M-63-11, ABATEMENT OF THE 2011 TAX LEVY FOR THE 2009 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve an ordinance declaring electronic equipment listed in Exhibit A no longer necessary or useful to the City in accordance with the provision of 1-12-4 of the City Code; and further recommend to place on First Reading Ordinance M-64-11, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. Motion declared carried as approved unanimous I y under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to award the bid for Elevator Maintenance Fiscal Year 2012- 2014 to Anderson Elevator Company, 2801 South 19th Avenue, Broadview, Illinois 60155, for routine inspection, testing and maintenance services of elevators throughout City owned facilities for a three-year period, at a total cost not to exceed $14,340.00 for 2012, $14,340.00 for 2013, and $14,621.00 for 2014 (Streets/Grounds Repair and Maintenance Building and Structures); and further recommend to adopt Resolution R-147-11, A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE-YEAR CONTRACT BETWEEN ANDERSON ELEV ATOR COMP ANY AND THE CITY OF DES PLAINES FOR ROUTINE INSPECTION, TESTING AND MAINTENANCE SERVICES OF ELEVATORS THROUGHOUT CITY OWNED FACILITIES. Motion declared carried as approved unanimously under Consent Agenda. Alderman Walsten requested that Items 27 and 27a be pulled from the Consent Agenda for further discussion. Alderman Walsten stated that the Rivers Casino should pay for the communications upgrade. Alderman Brookman stated that Rivers Casino should pay for the upgrades and will vote no. Director of Finance Wisniewski answered questions from the Aldermen. R-148-11 (Cont'd) WAIVE RIGHT OF FIRST REFUSAL/ LIBRARY SURPLUS EQUIP.: Consent Agenda Resolution R-151-11 APPOINTMENT: Consent Agenda ORDINANCE M-42-11 NEW CLASS A LIO. LIC./967 S. ELMHURST RD.: Consent Agenda Page 8of15 11/21/11 City Attorney Wiltse answered questions from the Aldermen. Acting City Manager Slowinski answered questions from the Aldermen. Moved by Bogusz, seconded by Haugeberg, to concur with Staff recommendation to authorize Emergency Personnel Communication Upgrades to Rivers Casino/Midwest Gaming, 3000 Des Plaines River Road and to authorize the City of Des Plaines to pay for one half of installation of enhancements in an amount not to exceed $24,417 .62 (General Fund) to Rivers Casino to allow public safety personnel to transmit and receive radio communications within the Casino, as amended; and further recommend to adopt Resolution R-148-11, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO PAY RIVERS CASINO/MIDWEST GAMING FOR ONE HALF OF THE ENHANCEMENTS TO THE RADIO COMMUNICATION NETWORK AT RIVERS CASINO IN DES PLAINES. Upon roll call, the vote was: AYES: NAYS: ABSENT: 6-Haugeberg, Robinson, Bogusz, Sayad, Wilson, Charewicz 2-Brookman, W alsten 0-None Motion declared carried. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation that the City of Des Plaines waives its right of first refusal to purchase the Kyocera KM-C2230 copier, which the Library Board has deemed no longer necessary or useful to the Des Plaines Public Library; and further recommend to adopt Resolution R-151-11, A RESOLUTION AUTHORIZING THE RIGHT OF FIRST REFUSAL TO PURCHASE PUBLIC PERSONAL PROPERTY THAT WAS DEEMED NO LONGER NECESSARY TO THE CITY BY THE DES PLAINES PUBLIC LIBRARY BOARD OF TRUSTEES. Motion declared carried as approved unanimously under Consent Agenda. Approve the following Mayoral appointment: COMMISSION APPOINTMENT: PLAN COMMISSION Joseph Yi -Term to Expire 04/30/13 Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Robinson, to concur with Staff recommendation to approve New Classification A, Tavern Liquors Dealers License, for Euro Grill, Inc., d/b/a Euro Grill, 967 South Elmhurst Road (from 32 to 33); and further recommend to adopt Ordinance M-42-11, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR EURO GRILL, INC. D/B/A EURO GRILL LOCATED AT 967 SOUTH ELMHURST ROAD, DES PLAINES, >~~ WARRANT REGISTER: 2012BUDGET RESOLUTION: REFUND SERIES 2003A/PARTIAL PAYOFF PROP. TAX PORTION: Page 9of15 11/21/11 ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION -Alderman Bogusz, Chair Moved by Haugeberg, seconded by Sayad, to recommend to the City Council approval of the November 21, 2011 -Warrant Register, in the total amount of $4,106,398.63; and further recommend that Resolution R-149-11 be adopted at appropriate time this evening. Motion declared carried. Moved by Bogusz, seconded by Haugeberg, to recommend to the City Council approval of the 2012 Budget, in the total amount of $114,800,000.00; and further recommend that Resolution R-150-11 be adopted at appropriate time this evening. Moved by W alsten, seconded by Brookman, to adopt a substitute motion to leave the $99,830 for Professional Services in the 2012 Budget and have the Council approve either having the position filled by someone on contract or a full-time employee at a later date. Alderman Brookman withdrew his second. Moved by Walsten, seconded by Haugeberg, to adopt a substitute motion to leave the $99,830 for Professional Services in the 2012 Budget and have the Council approve either having the position filled by someone on contract or a full-time employee at a later date. Aldermen Haugeberg, Bogusz, Walsten and Charewicz voted Aye. Aldermen Robinson, Sayad, Brookman and Wilson voted Nay. Motion declared FAILED. Upon a vote on the original motion to recommend to the City Council approval of the 2012 Budget, in the total amount of $114,800,000.00. Motion declared carried. Aldermen Sayad and Robinson voted Nay. Alderman Sayad stated that he is not entirely against the total Budget, but there are items in the Budget that he is against that is why he voted no. Alderman Robinson stated that he did not want to hire a full-time person. He prefers to have an outside either commissioned or private company. That is why he voted no. Director of Finance Wisniewski reviewed her Memorandum of November 15, 2011 and answered questions from the Aldermen. Moved by Bogusz, seconded by Sayad, to recommend to the City Council approval of the Refund Series 2003A and Partial Payoff of the Property Tax Supported Portion; and further recommend to place on First Reading Ordir~i WATER/SEWER RATE STUDY: COND. USE/ 461 N. THIRD AVE.: COND. USE/ 1495 PROSPECT AVE.: Page 10of15 11/21/11 M-59-11 at appropriate time this evening. Motion declared carried. Acting City Manager Slowinski reviewed his Memorandum of November 14, 2011, the Water/Sewer Rate Study, recommendations as presented by Baxter & Woodman, Inc. on November 2, 2011, and answered questions from the Aldermen. Director of Finance Wisniewski answered questions from the Aldermen. Director of Public Works and Engineering Oakley answered questions from the Aldermen. COMMUNITY DEVELOPMENT -Alderman Haugeberg, Chair Senior Planner Mangum reviewed his Memorandum of October 26, 2011 regarding a Conditional Use Permit for operation of an Indoor Shooting Range with accessory Firearm Sales at 461 North Third Avenue, Case #11-054-CU and answered questions from the Aldermen. Director of Community & Economic Development Bartholomew answered questions from the Aldermen. Moved by Brookman, seconded by Bogusz, to add as an additional condition that the police and fire radios work in the building. Upon a show of hands, Aldermen Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten and Wilson voted Aye. Alderman Charewicz voted Nay. City Attorney Wiltse answered questions from the Aldermen. Deputy Police Chief Kozak answered questions from the Aldermen. Moved by W alsten, seconded by Sayad, to recommend to the City Council approval to place on First Reading Ordinance Z-32-11, as amended with additional condition that the police and fire radios work to the satisfaction of the staff before approval of the conditional use. Motion declared carried. Senior Planner Mangum reviewed his Memorandum of October 26, 2011 regarding a Conditional Use Permit under Section 7 .2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize expansion to a place of worship within the R-1 District at 1495 North Third Avenue, Case #11-048-CU and answered questions from the Aldermen. In addition to the foregoing, the Petitioner must meet the following conditions: 1. Prior to the issuance of a building permit, the Petitioner must install a sliding gate at the south end of the 1469 Prospect A venue parking lot, as required by Conditional Use Permit 10-023-CU. 2. Prior to the issuance of a building permit, the Petitioner must install a 6-~ »"t- Page 11of15 11/21/11 foot high fence between the residential lot at 1461 Prospect A venue and the 1469 Prospect A venue parking lot, as submitted by the Petitioner and required by Conditional Use Permit 10-023-CU. Moved by Bogusz, seconded by Walsten, to recommend to the City Council approval to place on First Reading Ordinance Z-34-11, as amended with additional condition that the police and fire radios work to the satisfaction of the staff before approval of the conditional use. Motion declared carried. EXT. COND. USE/ Senior Planner Mangum reviewed his Memorandum of November 3, 2011 2200 E. GOLF RD.: regarding an Extension Request for 2200 East Golf Road (Lexington Woods), Case #07-48-PUD-A. It is recommended that a 12-month extension of the Conditional Use for the Planned Unit Development for the Lexington Woods project be granted until November 17, 2012 with a condition that such extension shall be voided if demolition is not completed and the site restored by April 17, 2012. SIGN VARIATION/ 751 GOLF RD.: ZONING MAP AMENDMENT/ 6 N. RIVER RD.: Motion by Sayad, seconded by Robinson, to recommend to the City Council approval to place on First Reading Ordinance Z-33-11, an Extension Request for 2200 East Golf Road (Lexington Woods), Case #07-48-PUD-A. Motion declared carried. Senior Planner Mangum reviewed his Memorandum of October 27, 2011 regarding consideration of a Variance Request for 751 West Golf Road, Case # 11-052-V. Staff recommends denial of the requested variance. Senior Planner Mangum answered questions from the Aldermen. Motion by Sayad, seconded by Charewicz, to direct Staff to prepare an ordinance for the variance request for 751 West Golf Road (Case #11-052-V). Motion declared carried. Alderman Wilson voted no. Senior Planner Mangum reviewed his Memorandum of November 15, 2011 regarding a Zoning Map Amendment to reclassify the property from the C-2 Limited office Commercial Zoning District to the C-3 General Commercial Zoning District for 6 North River Road, Case #11-062-MAP. Moved by W alsten, seconded by Sayad, to recommend to the City Council approval to place on First Reading Ordinance Z-35-11, Zoning Map Amendment at 6 North River Road at appropriate time this evening. Motion declared carried. Alderman Wilson voted no. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. WARRANT REGISTER: Resolution R-149-11 2012 BUDGET RESOLUTION: Resolution R-150-11 Page 12of15 11/21/11 Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-149-11, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $4,106,398.63. Upon roll call, the vote was: AYES: NAYS: ABSENT: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz 0-None 0-None Motion declared carried. Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-150-11, A RESOLUTION APPROVING THE 2012 ANNUAL BUDGET FOR THE CITY OF DES PLAINES. Moved by Sayad, seconded by Robinson, to remove the Business Development Coordinator position of a full-time employee from the 2012 Budget, but leave the $99,830 in the line item. Upon roll call, the vote was: A YES: 5-Robinson, Sayad, Brookman, Wilson, Moylan NAYS: 4-Haugeberg, Bogusz, Walsten, Charewicz ABSENT: 0-None Motion declared carried. Moved by Bogusz, seconded by Robinson, to concur with recommendation of Committee of the Whole to adopt Resolution R-150-11, A RESOLUTION APPROVING THE 2012 ANNUAL BUDGET FOR THE CITY OF DES PLAINES, AS AMENDED. Upon roll call, the vote was: AYES: 6-Robinson, Bogusz, Sayad, Brookman, Wilson, Charewicz NAYS: 2-Haugeberg, Walsten ABSENT: 0-None Motion declared carried. Later in the meeting, Alderman Sayad requested Leave of the Body that his vote on Resolution R-150-11 be changed from Aye to Nay. With no objections, the resulting vote was: AYES: 5-Robinson, Bogusz, Brookman, Wilson, Charewicz NAYS: 3-Haugeberg, Walsten, Sayad, ~" ~~ ABSENT: 0-None if a REFUND SERIES 2003A/PARTIAL PAYOFF PROP. TAX PORTION: ORDINANCE M-59-11 COND. USE/ 461 N. THIRD AVE.: Ordinance Z-32-11 ORDINANCE Z-32-11 COND. USE/ 461 N. THIRD AVE.: COND. USE/ 1495 PROSPECT AVE.: ORDINANCE Z-34-11 Page 13of15 11/21/11 Moved by Bogusz, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-59-11, ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011, OF THE CITY OF DES PLAINES, ILLINOIS. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by W alsten, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-32-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 7.4-5 C. OF THE ZONING ORDINANCE TO PERMIT THE OPERATION OF AN INDOOR SHOOTING RANGE WITH ACCESSORY FIREARM SALES AT 461 N. THIRD AVENUE, DES PLAINES, ILLINOIS. (CASE #11-054-CU), AS AMENDED. Motion declared carried. Moved by Haugeberg, seconded by Charewicz, to advance to Second Reading and adopt Ordinance Z-32-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 7.4-5 C. OF THE ZONING ORDINANCE TO PERMIT THE OPERATION OF AN INDOOR SHOOTING RANGE WITH ACCESSORY FIREARM SALES AT 461 N. THIRD AVENUE, DES PLAINES, ILLINOIS. (CASE #11-054-CU), AS AMENDED. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Bogusz, Sayad, W alsten, Charewicz NAYS: 2-Brookman, Wilson ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by Robinson, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-34-11, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 7.2-4 C. OF THE ZONING ORDINANCE TO PERMIT THE EXPANSION OF AN EXISTING PLACE OF WORSHIP AT 1495 PROSPECT AVENUE, DES PLAINES, ILLINOIS, (CASE #11-048-CU), AS AMENDED. Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. EXT. COND. USE/ Moved by Haugeberg, seconded by Brookman, to concur with recommendation 2200 E. GOLF RD.: of Committee of the Whole to place on First Reading Ordinance Z-33-11, AN ORDINANCE GRANTING A 12 MONTH EXTENSION OF THE TIME Ordinance Z-33-11 SIGN VARIATION/ 751 GOLF RD.: ZONING MAP AMENDMENT/ 6 N. RIVER RD.: ORDINANCE Z-35-11 ORDINANCE Z-35-11 ZONING MAP AMENDMENT/ 6 N. RIVER RD.: VETO: Page 14of15 11/21/11 REQUIREMENTS FOR COMPLIANCE WITH THE CONDITIONAL USE FOR THE PLANNED UNIT DEVELOPMENT GRANTED BY ORDINANCE Z-29-08 FOR THE PROPERTY COMMONLY KNOWN AS 2200 E. GOLF ROAD, DES PLAINES, (CASE #07-48-PUD-A). Upon roll call, the vote was: A YES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by Sayad, to approve Variance Request at 751 West Golf Road (Case #11-052-V) and direct Staff to prepare an ordinance. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Sayad, Brookman, W alsten, Charewicz NAYS: 1-Wilson ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by Brookman, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-35-11, AN ORDINANCE GRANTING A MAP AMENDMENT FROM C-2, LIMITED OFFICE COMMERCIAL TO C-3, GENERAL OFFICE COMMERCIAL FOR THE PROPERTY LOCATED AT 6 N. RIVER ROAD DES PLAINES, ILLINOIS. (CASE #11-062-MAP). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Haugeberg, seconded by Charewicz, to advance to Second Reading and adopt Ordinance Z-35-11, AN ORDINANCE GRANTING A MAP AMENDMENT FROM C-2, LIMITED OFFICE COMMERCIAL TO C-3, GENERAL OFFICE COMMERCIAL FOR THE PROPERTY LOCATED AT 6 N. RIVER ROAD DES PLAINES, ILLINOIS. (CASE #11-062-MAP). Upon roll call, the vote was: A YES: 7-Haugeberg, Robinson, Bogusz, Sayad, W alsten, Wilson, Charewicz NAYS: I-Brookman ABSENT: 0-None Motion declared carried. Mayor Moylan read the following statement: "That pursuant to the provisions of State statute, 65 ILCS 5/3 .1-40-45 and the provisions of 1-5-2 E. and 1-6-5 C. of the City Code, I hereby veto and return to you the following item: ~}.f- Page 15of15 11/21/11 The Motion made out of executive session to change the title of the three Deputy Police Chiefs to Captain and eliminate a currently vacant Detective position." ADJOURNMENT: Moved by Sayad, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:24 p.m. APPROVED BY ME THIS 0~